CHARLESTON, S.C. (WCSC) – The South Carolina Supreme Court heard arguments for and against filling in the last surviving four acres of Gadsden Creek to reduce flooding in the area.
The neighborhood filed the suit to challenge a decision to have a developer those remaining acres of the creek.
Friends of Gadsden Creek, represented by the South Carolina Environmental Law Project argue that the Administrative Law Court ordered the creek can be filled and developed, but the group believes that violated critical area regulations by allowing these wetlands to be filled.
WestEdge and the City of Charleston created the plan and got approval from the South Carolina Department of Health and Environmental Control to fill in the creek as part of an effort to address tidal flooding that plagues the area.
Gadsden Creek and its watershed used to cover about 100 acres of the peninsula. But it has been used as a landfill and then developed on top of that. The Supreme Court Justices and lawyers agreed that the historic treatment of the land does not meet today’s standards and is unfortunate. They have to consider the legality of filling in the last four acres.
“Addressing the landfill contamination, eliminating the tidal connection and the tidal flooding that is occurring quite frequently in this community, and mitigating the stormwater flooding — those important considerations could only be done by this project,” Bradley Churdar, who represents DHEC, says.
South Carolina Environmental Law Project lawyer Ben Cunningham, who is representing Friends of Gadsden Creek, pushed back .
“If they go forward, it’s going to be gone. There will be no chance of restoration or revitalization. That would be it. That’s bad enough. But this interpretation, if you subscribe and affirm the ALC’s interpretation, you’re going to open up the coastal zone and in particular critical area wetlands to more development than what was intended,” Cunningham says.
The justices will now look through the detailed filings and wording in permits to decide whether there is a right to fill in the creek or not. In the meantime, Friends of Gadsden Creek continue their fight to preserve the land they say has true value.
“In addition to the importance of the wetland itself, we also think the human side of the story is just as important if not more important, so what some of the legal arguments don’t effectively capture that. It’s not just about permits and regulations, but it’s an environmental justice issue, and an opportunity to be on the right side of history,” Friends of Gadsden Creek organizer Seb Choe says.
Gadsden Green is a historically black neighborhood that Choe says has already lost much of its history and opportunities.
“Since the 1800s, the community was using Gadson Creek, which at that time was over 100 acres of wetlands for fishing, recreation, and as well as sacred use. There were baptisms happening in this creek. However, over the 20th century, the city of Charleston filled this area and used it as a municipal dump. You know, garbage,” Choe says.
For years, Friends of Gadsden Creek worked to make sure the community was at the table for major decisions made about the area. Ultimately, the city and developers leaned toward filling in the four acres saying it’s the only way to fight flooding, despite activists working toward revitalization.
“We hope that the Supreme Court will, of course, overturn the Administrative Law Court’s ruling which would effectively revoke that permit that would allow WestEdge to destroy Gadsden Creek,” Choe says. “However, even if the ruling is upheld, that simply means that WestEdge can move forward. It doesn’t require that the wetlands be filled. So this could all be avoided even if they rule against us. If WestEdge and the City of Charleston listen to the community’s concerns and decide to preserve this important public resource so the decision ultimately lies with that.”
The South Carolina Supreme Court estimates it will take at least three months to draft and publish a decision in the case.
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